Ref. Will Book 15, p. 41 Pavilion, NY
GENESEE COUNTY, ss.
Be it remembered that heretofore, to wit: on the twenty third day of February in the year of our Lord one thousand eight hundred and Seventy Six Gustavus Baker, one of the executors named in the Last Will and Testament of DAVID BAKER late of the town of Pavilion in the County of Genesee, deceased, appeared in open Court before the Surrogate of said County, and made application to have said Last Will and Testament which relates to personal estate proved: and on such application, the Surrogate did ascertain, by satisfactory evidence, who were the heirs and next of kin of the said testator and their respective residences and that he left no widow him surviving.
And said Surrogate did thereupon issue a citation in due form of law, directd to the said heirs and next of kin by their respective names stating therein their respective places of residence, requiring them to appear before the said Surrogate at his office in the town of LeRoy in said County, on the 24th day of April, 1876, to attend the probate of said Will.
And afterwards on the twenty fourth day of April aforesaid, satisfactory evidence by affidavit was produced and presented to said Surrogate of the service of said citation in the mode prescribed by law upon Ruben S. Baker and David M. Baker, two of the said heirs and next of kin, and it appearing that service of said citation had not been made
upon Parmelia Tennant; Simeon C. Baker and Susan Sanford, three of the heirs and next of kin aforesaid: a further citation was thereupon issued by said Surrogate in due form of law, directed to the said Parmelia Tennant; Simeon C. Baker and Susan Sanford, stating therein their respective places of residence, requiring them to appear before the Said Surrogate at his office in the town of Batavia, in said County on the 22nd day of May 1876 to attend the proof and probate of Said Will and the further proceedings herein were duly adjourned to the said 22nd day of May and the place cast aforesaid and satisfactory evidence, by affidavit, of the due services of Said last mentioned citation, in the mode prescibed by law, being poduced before Said Surrogate, and Said Gustavus Baker, Executor as aforesaid, appearing for the purpose of proving said Will.
The Will.............
I, David Baker, of the town of Pavilion in the County of Genesee in the State of New York do make, publish and declare this my last Will and Testament in the manner following - viz:
After the payment of my just debts, I direct my Executors hereinafter named to puchase and erect at the head of the graves of myself and of my deceased wife suitable headstones at an expense of one hundred and fifty dollars unless during my lifetime I should erect or cause to be erected such stones in my burial lot.
Secondly - I give and bequeath to my son Gustavus Baker, the sum of Two hundred and fifty dollars to be paid at the expiration of one year from the day of my death.
Thirdly - I give and bequeath unto my granddaughter, Hattie, daughter of my son Gustavus, the sum of Fifty dollars to be paid within one year from the day of my death.
Fourthly - I direct my executors hereinafter named to sell and convert all of my property into money, and after the payment of the moneys and the specific legacies hereintofore mentioned, I give and bequeath the rest and remainder of my estate unto my children who shall be living at the time of my death (excepting therefrom however, my daughter Susan, the wife of Orrin Sanford of Batavia to whom I intend to give and bequeath nothing). Share and Share alike, such distribution to be made within eighteen months after my death. In the use of the word Children in this instrument I intend to exclude grandchildren and great grandchildren.
Fifthly - I nominate and appoint as Executors of this my last Will and Testament, Ichabod Covell and my son, Gustavus Baker, hereby revoking all wills heretofore made by me.
In testimony whereof, I have hereunto subscribed my name and affixed my seal this third day of April in the year of our Lord, one thousand eight hundred and seventy five.
David Baker L.S.
Witnesses:
Randolph Ballard of LeRoy, Genesee County, NY
Augus L. Tompkins of LeRoy, Genesee County, NY